Should I Request a Psychological Evaluation in my Illinois Divorce?

 Posted on October 29, 2024 in Child Custody

When parents get a divorce, it can be physically and emotionally challenging for them to split custody. Parents often want the ability to help their children start their day every morning and tuck them into bed every night. Even if something keeps them from being with their children whenever they want, the idea of limiting their parenting time can be difficult to handle.

Beyond wanting their child with them as much as possible, some parents fear that he or she will not be safe. Whether the other parent lacks the ability or desire to provide the child with a safe and healthy environment, or there are concerns about violent tendencies or mental illness, these worries are distressing. If you suspect that your children will not be safe or properly cared for with their other parent, speak with an experienced DuPage County, IL child custody attorney about whether it makes sense for you to request a psychological evaluation.

How Do Psychological Evaluations Work?

Whenever a case requires a psychological evaluation, a certified mental health professional is called on to examine the situation. The main goal is to examine parents’ behavior, emotional capacity, and mental health to determine whether they are fit to raise their children. The evaluator conducts interviews with the parents but might also speak with the child, relatives, neighbors, coworkers, and anyone else who can provide insight into the parent-child relationship.

An evaluator will then prepare their findings for the court. While a psychological evaluation is not enough to base a custody decision on, it is considered along with other information to help the court decide.

When Is a Psychological Evaluation Necessary?

If a parent has a history of violence, mental illness, substance abuse, or addiction, there might be concerns about his or her ability to provide children with a safe and healthy environment especially without a spouse or partner to help with all the responsibilities. A psychological evaluation can help determine whether parents can take care of their children despite any concerns.

In addition to addressing a parent’s concern for a child’s well-being, psychological evaluations can have legal implications. Since Illinois courts prioritize the child’s best interests when deciding about custody, an evaluation can impact this decision. If one parent poses a risk to the child or is mentally incapable of properly caring for him or her, this will affect the court-ordered division of parental rights and responsibilities.

Illinois courts generally prefer to keep both parents involved in a child’s life, even if one is granted primary visitation. Some parents feel the same way, preferring for their child to have two involved parents, but might worry that a mental health issue could pose a risk. In such cases, a psychological evaluation indicating that the other parent is fit to raise the child despite their conditions can put the other parent’s mind at ease, knowing that medical experts approve.

Schedule a Free Consultation with a Wheaton, IL Psychological Evaluation Lawyer

If you are concerned that your child’s other parent cannot keep him or her safe, speak with a seasoned DuPage County, IL child custody attorney about requesting a psychological evaluation. A mental health professional’s expertise can be very useful in determining your division of parental rights and responsibilities. At Davi Law Group, we know it can be stressful to divide your parenting time, particularly when you are concerned about the other parent’s capabilities. Call us at 630-657-5052 to schedule a free consultation so we can help you move forward.